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Petition for a Foriegn Worker, Form I-129

In order to employ foreign-citizens in the U.S. you will need to file form I-129, Petition for Nonimmigrant, as well as obtain a Labor Certification.

Follow these steps to file the I-129:

  1. Determine your reason for filing. Reasons for filing include:
    • New Employment, for first time employment with the U.S. company or for employment in a new position;
    • Continuation of Employment, to continue employment of a foreign worker in the same position;
    • Non-Material Change, if there is a non-material change in the position of the foreign worker such as a title of job change;
    • Additional Employment, if the foreign worker is to begin employment with an additional employer under the same nonimmigrant classification;
    • Change of Employer, if the foreign worker will work for a new employer in the same nonimmigrant classification; or
    • Amended Petition, for material changes in the foreign-worker’s terms and conditions of employment such as an adjustment of duties.
  2. Select the appropriate immigration classification:
    • E-2 CNMI, for those who wish to invest in the Commonwealth of Northern Mariana Island (CNMI);
    • H-1B, for foreign workers who are to be employed in specialty occupations;
    • H-3, for foreign-citizens who are to participate in a special education exchange visitor program;
    • L-1, for foreign workers who are to be employed in managerial or executive positions;
    • O-1A, for foreign workers who possess extraordinary abilities in the sciences, education, business or athletics;
    • O-1B, for foreign workers who possess extraordinary abilities in the arts or extraordinary achievement in the motion picture or television industry;
    • O-2, for foreign-citizens whose only purpose of stay is to assist an O-1 visa holder in a performance;
    • P-1A or P-1, for foreign-citizen professional athletes;
    • P1B, for foreign-citizen entertainers who will perform in an internationally recognized performance group;
    • P-2, for foreign-citizen performers who are a part of a reciprocal exchange program;
    • P-3, for foreign-citizens who will perform, teach, or coach in the arts or entertainment;
    • Q-1, for foreign-citizens who will participate in an international cultural exchange program; or
    • R-1, for religious workers.
  3. Complete the form and provide supporting documentation.
  4. File at the appropriate USCIS servicing center.


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